Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

This second installment on the day addresses the Seventh Circuit decision in McMahon v. LVNV Funding, LLC, which held for the first time – in direct opposition to the Third and Eighth Circuits – that a letter attempting to collect a time-barred debt does not need to threaten litigation to be actionable under the Fair Debt Collection Practices Act (FDCPA). The case also examined the issue of when a named-plaintiff in a putative class action case has his individual claim rendered moot by offer of settlement.

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